Rebus sic stantibus is a legal doctrine that allows for the review or modification of a contract when, after its execution, unforeseeable and extraordinary circumstances arise which fundamentally disrupt the contractual balance between the parties. Originating in case law and applied with considerable caution by the Spanish courts, this principle has gained particular relevance during […]

The executor is the individual appointed by the testator to implement the provisions of their will, ensuring their wishes are fulfilled. Pursuant to Article 893 of the Civil Code, only those of legal age with the capacity to enter into binding obligations may serve in this role. Duties of the executor The purpose of the […]

On CEO Fraud: Concept and Features With the recent surge in the use of digital tools in business, warnings about the potential to fall victim to scams or fraud via the internet have become increasingly common. This post addresses the so-called “CEO fraud”, which, although a relatively novel concept, has already been legally defined through […]

1. Litigating Against a Foreign Parent Company: The Dilemma of Service via Subsidiary In an era of increasing cross-border litigation, particularly concerning competition law, numerous multinational corporations face lawsuits filed in jurisdictions where they operate through subsidiaries, including Spain. In this context, a crucial question frequently arises: Is it valid to serve a lawsuit on […]

On 10 February 2025, the Supreme Court handed down Judgment 205/2025, in which it assessed the likelihood of confusion in relation to a family of trade marks whose dominant element was of limited distinctive character, concluding that, due to the extensive use made of them, this family of trade marks had acquired a level of […]

Litigation: Cost or Investment? Shifting Perspectives in Legal Proceedings It is widely understood that litigation is synonymous with cost. But what if it were seen as an investment? When deciding whether to initiate legal proceedings or arbitration, litigation costs are a crucial factor to consider. A potential litigant must assess not only their own legal […]